Patna High Court

Takku Gaddi @ Takku @ HappuversusThe State of Bihar

Decided: 18 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the petitioner’s clean antecedents, the general nature of the accusation, and the parity with co‑accused, regular bail must be granted.

Summary

The petitioner, Takku Gaddi, was charged with murder under Sections 103(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act for the killing of the informant's son on 16 April 2025. The prosecution alleged that the petitioner, along with other accused, murdered the victim, whose body was later found on the road. The petitioner contended that he was falsely implicated, there was no eye‑witness, and the case was based merely on the victim being last seen with him. He also highlighted that co‑accused had already been granted bail and that he had no prior criminal record, having been in custody since 18 April 2025. The court, considering the general nature of the accusation, the petitioner’s clean antecedents, parity with co‑accused, and the period of custody, allowed the bail application. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

The petitioner is entitled to regular bail despite being charged under Sections 103(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act.
Whether the absence of an eye‑witness and the nature of the accusation justify granting bail.
Whether parity with co‑accused who were previously granted bail warrants the same relief for the petitioner.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103(1), 3(5)

Subjects

regular bail
murder
Arms Act
B.N.S.
criminal procedure
high court
parity
clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9465 of 2026
                  Arising Out of PS. Case No.-127 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
                 Takku Gaddi @ Takku @ Happu S/o Sadan Gaddi Resident of Mohalla-
                 Rameshwarganj (Alamganj), P.S- Sasaram Nagar, Distt- Rohtas

                                                                                 ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Babu Nandan Prasad, Advocate
                 For the State           :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered for

                   the offence punishable under Sections 103(1) and 3(5) of the

                   B.N.S. and Section 27 of the Arms Act.

                                3. The prosecution case, in brief, is that on 16.04.2025

                   at about 08:00 A.M. while the informant was present at his

                   house, his son Majnu Gaddi went outside along with petitioner

                   and other accused persons. In the evening, informant came to

                   know that all the F.I.R. named accused persons, including this

                   petitioner, committed murder of his son and dead body of his

                   son was found lying on the road.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.9465 of 2026(2) dt.18-02-2026
                                            2/3




          submits that petitioner is quite innocent and has committed no

          offence. Informant is not an eye witness to the alleged

          occurrence. At best, it is a case of last seen with the deceased

          and petitioner has falsely been implicated in this case merely on

          suspicion. There is no eye witness to the occurrence. It is further

          submitted submitted that similarly situated co-accused persons

          have already beeng ranted bail by this Hon’ble Court vide order

          dated passed in 20.11.2025 passed in Cr. Misc. No. 53479 of

          2025 and order dated 24.11.2025 passed in Cr. Misc. No. 46694

          of 2025. Moreover, charge-sheet has already been submitted and

          petitioner, having no criminal antecedents, is in custody since

          18.04.2025.

                       5. Learned A.P.P. for the State the prayer for bail to

          the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity, clean antecedents of the petitioner and period of custody,

          the prayer for grant of bail to the petitioner is allowed.

                       7. Accordingly, let the petitioner, mentioned above, be

          enlarged on bail on furnishing bail bond of Rs.10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned C.J.M., Rohtas at Sasaram in connection
             Patna High Court CR. MISC. No.9465 of 2026(2) dt.18-02-2026
                                                         3/3




                       with Sasaram (Muffasil) P.S. Case No. 127 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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